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The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005

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Social Security Benefit (Persons Abroad) Regulations

8.—(1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(1) shall be amended in accordance with sub-paragraphs (2) to (5).

(2) In regulation 2(4)(b)(2) (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance), after “spouse,” there shall be inserted “civil partner,”.

(3) In regulation 4 (modification of the Act in relation to widow’s benefit, bereavement benefit, child’s special allowance, guardian’s allowance and retirement pension)—

(a)in paragraph (2B)(3)—

(i)in sub-paragraph (a)(4)—

(aa)after “deceased spouse” there shall be inserted “or deceased civil partner”,

(bb)after “surviving spouse” there shall be inserted “or surviving civil partner”, and

(cc)after “deceased spouse's” there shall be inserted “or deceased civil partner's”,

(ii)in sub-paragraph (b)—

(aa)after “surviving spouse” there shall be inserted “or surviving civil partner”, and

(bb)after “deceased spouse's” there shall be inserted “or deceased civil partner's”, and

(iii)in sub-paragraph (c), after “surviving spouse” there shall be inserted “or surviving civil partner”;

(b)in paragraph (4)(5)—

(i)after “surviving spouse” (in each place where it occurs) there shall be inserted “or surviving civil partner”, and

(ii)after “former spouse” (in each place where it occurs) there shall be inserted “or former civil partner”.

(4) In regulation 5 (application of disqualification in respect of up-rating of benefit)—

(a)in paragraph (3)—

(i)in sub-paragraph (b)(6)—

(aa)for “a widow or a widower” there shall be substituted “a widow, a widower or a surviving civil partner”, and

(bb)after “former spouse” there shall be inserted “or former civil partner”, and

(ii)in sub-paragraph (d)(7), after “deceased spouse” there shall be inserted “or deceased civil partner”;

(b)in paragraph (5)(8), after “former spouse” (in each place where it occurs) there shall be inserted “or former civil partner”;

(c)in paragraph (6)(9)—

(i)after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(ii)after “were husband and wife” there shall be inserted “or were civil partners”; and

(iii)after “became husband and wife” there shall be inserted “or formed a civil partnership”.

(5) In regulation 14 (modification of the Act in relation to a dependant)—

(a)after “A husband or wife” there shall be inserted “or civil partner”;

(b)after “spouse” (in each place where it occurs) there shall be inserted “or civil partner”;

(c)for “the husband or wife” there shall be substituted “the husband, wife or civil partner”.

(2)

Paragraph (5) was added by regulation 2(4) of S.R. 1994 No. 45 and renumbered as paragraph (4) by regulation 2 of S.R. 1994 No. 269

(3)

Paragraph (2B) was inserted by regulation 6(3)(b) of S.R. 2001 No. 108

(4)

Sub-paragraph (a) was substituted by regulation 3 of S.R. 2001 No. 287

(5)

Paragraph (4) was inserted by regulation 3(b) of S.R. 1979 No. 392 and amended by Article 19(1)(b) of the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18))

(6)

Sub-paragraph (b) was substituted by regulation 4(3) of S.R. 1979 No. 392

(7)

Sub-paragraph (d) was amended by regulation 6(3)(a)(iii) of S.R 1989 No. 373 and regulation 6(4) of S.R. 2001 No. 108

(8)

Paragraph (5) was substituted by regulation 4(5) of S.R. 1979 No. 392 and amended by regulation 6(3)(c) of S.R. 1989 No. 373 and regulation 3(2) of S.R. 1994 No. 269

(9)

Paragraph (6) was substituted by regulation 4(6) of S.R. 1979 No. 392 and amended by regulation 6(3)(d) of S.R. 1989 No. 373

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